Drug possession charges carry steep penalties, but when a person is accused of attempting to sell a controlled substance, the charges could be much more severe. Law enforcement agencies throughout Nevada continue to seek out these arrests in an attempt to curb the ever growing drug industry.
A conviction could mean years in prison, expensive fines and a lifetime of repercussions. These charges can be complex and at times overwhelming. There is too much at stake to handle the charges alone. You need an attorney who will not compromise on your case.
A conviction for possession with the intent to distribute can seriously impact a person's future. However, a charge does not have to lead to a conviction. If you have been accused of possessing a controlled substance with the intent to sell it, contact The Law Offices of Jeffrey Jaeger.
Jeffrey Jaeger is a Las Vegas drug possession defense attorney who can help you fight the charges. He is skilled in challenging evidence, and he can thoroughly investigate the case against you to determine your best defense. No matter how severe the charges, he can work with you to explore every option.
Call The Law Offices of Jeffrey Jaeger at (702) 816-3888 to schedule a free consultation. Jeffrey Jaeger will work hard to protect your rights. He serves as an advocate on behalf of clients throughout the Las Vegas area and those in the surrounding areas of Clark County, including North Las Vegas and Henderson.
It is illegal for anyone in Nevada to possess any controlled substance classified as a Schedule I or II drug. If he or she plans to sell or distribute the substance, the charges could be more severe, according to Nevada Revised Statute 453.337.
The first time a person is charged with possession with intent to sell a Schedule I or Schedule II substance, he or she could face Category D felony charges. This could mean between one and four years in prison and fines up to $5,000.
A second offense could be a Category C felony, punishable by between one and five years in prison and up to $10,000 in fines. A third or subsequent offense could be a Category B felony. This carries some of the harshest penalties, including between three and 15 years in prison and a fine up to $20,000 for each offense.
These same penalties apply if a person is accused of possessing with the intent to sell flunitrazepam, gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor. Flunitrazepam is commonly known as Rufies, Roofies and a "date rape" drug.
If a person is charged with possession with intent to distribute a Schedule III, IV or V substance, he or she could face Category D felony charges for a first or second offense. This is punishable by between one and four years in prison and a fine up to $10,000, according to Nevada Revised Statute 453.338.
A third or subsequent offense could mean Category C felony charges, which is punishable by between one and five years in prison and up to $10,000 in fines.
The court cannot grant probation or suspend the sentence of a person convicted of possession with the intent to sell a controlled substance, no matter the schedule of the drug. This means the person would not be able to participate in a drug court program. Having the charges reduced is crucial in these situations.
For charges of possession of a controlled substance with the intent to sell, both the possession and the intent to distribute it must be proven. Law enforcement officers often use various tactics to allege the person planned to sell the substance.
For instance, if a person is found to be in possession of a large amount of marijuana, scales, baggies, and cash, officers could allege the person planned to use the drug paraphernalia for the measurement and packaging of the substance before a sale.
Challenging the intent portion of the charge could a beneficial way to have the charges reduced or dismissed. If the prosecution cannot show the offender not only possessed the substance but planned to distribute it, he or she could have charged reduced to simple possession. Although it still could be a significant charge, the penalties may not be as harsh.
Additionally, an experienced drug defense lawyer could argue the alleged offender was not in actual or constructive possession of the substance. If it can be proven the offender did not possess the substance, he or she could have the charges dropped. Having skilled legal counsel could make the difference.
If you have been accused of possessing a controlled substance with the intent to sell it, you could be facing harsh felony charges. Contact Las Vegas drug defense attorney Jeffrey Jaeger. As an attorney, he is passionate about helping clients get the best possible outcome in their case. Call (702) 816-3888 to schedule a free consultation and learn more about your options.
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